Gunter v. Fayetteville
Supreme Court of Arkansas
'Appeal from Washington Circuit Court. Proceeding by the city of Fayetteville to annex certain contiguous territory. No- notice of the time and place of hearing in the- county court was given, as required by sec. 785, Mansf. Dig., but T. M. Gunter and others, comprising a majority of the property owners, appeared and remonstratéd against the annexation. The petition was granted in the county court; on appeal to the circuit court the judgment was affirmed.
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'Appeal from Washington Circuit Court. Proceeding by the city of Fayetteville to annex certain contiguous territory. No- notice of the time and place of hearing in the- county court was given, as required by sec. 785, Mansf. Dig., but T. M. Gunter and others, comprising a majority of the property owners, appeared and remonstratéd against the annexation. The petition was granted in the county court; on appeal to the circuit court the judgment was affirmed. Remonstrants have appealed. No notice was given in accordance with the requirements of the law. Nor was the want of notice waived by the…
1Opinion of the CourtCockriee, C. J.
When a city has taken the necessary steps to entitle it to present its petition to the county court for the annexation of contiguous territory, and a time has been fixed by the county court to hear the petition, public notice must be given of the intended move. That is a requirement- of the statute. Mansf. Dig. 785, 922. The notice must be published in a newspaper or posted as the statute specifies. Id. 785. The object of the notice is to give all persons interested the opportunity to contest the petition to annex. Vestal v. Little Rock, 54 Ark. 323.
The provisions of the statute show that the…
2Cases cited4 opinions
- People ex rel. Shumway v. BennettMichigan Supreme Court · 1874
- Vogel v. Little RockSupreme Court of Arkansas · 1892
- Dodson v. Mayor & Town CouncilSupreme Court of Arkansas · 1878
- Woodruff v. Eureka SpringsSupreme Court of Arkansas · 1892
3Cited by10 opinions
- In re Organization & of the Bonds of the Central Irrigation DistrictCalifornia Supreme Court · 1897
- Little Rock v. North Little RockSupreme Court of Arkansas · 1904
- West Pub. Co. v. Lawyers' Co-Operative Pub. Co.Court of Appeals for the Second Circuit · 1897
- Paul v. Town of WalkertonIndiana Supreme Court · 1898
- Berkshire v. HolckerMissouri Court of Appeals · 1919
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